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Plaintiff alleges California Corporation failed to provide accessible website for visually-impaired users

NORTHERN CALIFORNIA RECORD

Wednesday, March 5, 2025

Plaintiff alleges California Corporation failed to provide accessible website for visually-impaired users

State Court
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Superior Court of California - County of San Francisco | Official website

A visually-impaired individual has taken legal action against a California corporation for failing to make its website accessible to those with visual impairments. On February 13, 2025, Jesus Torres filed a complaint in the Superior Court of California, County of San Francisco, against Punto Azul Inc., alleging violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act (UCRA).

Jesus Torres, who is legally blind and relies on screen-reading software to access online content, claims that Punto Azul Inc.'s website is not designed or maintained in a way that allows independent use by visually-impaired individuals. According to the complaint, the website lacks essential features such as alternative text for images and properly labeled buttons and links, which are necessary for screen-reading software to function effectively. As a result, Torres argues that he and others like him are denied full and equal access to the goods and services offered by Punto Azul Inc., both online and at their physical locations.

The lawsuit emphasizes that under the ADA, it is discriminatory for places of public accommodation to fail in providing equal access to individuals with disabilities. Similarly, the UCRA mandates the elimination of discrimination against disabled individuals in California. The complaint details various accessibility barriers encountered by Torres during his attempts to use Punto Azul Inc.'s website, including inaccessible menu links and ordering systems that prevent him from utilizing their services fully.

Torres seeks several forms of relief from the court. He requests a declaratory judgment stating that Punto Azul Inc.'s current practices violate both federal and state laws regarding accessibility. Additionally, he seeks injunctive relief requiring the company to modify its website policies and procedures so they become compliant with accessibility standards. The plaintiff also demands statutory damages for each violation encountered on the website.

Representing Jesus Torres is attorney Joseph R. Manning Jr., Esq., from Manning Law APC. The case is presided over by judges at the Superior Court of California under Case No.: CGC-25-622385.

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